The Dean Case.

Star (Christchurch), Issue 5325, 1 August 1895, Page 1

The Dean Case.

JUDGMENT OP' THE COURT OF' APPEAL.. [Per Press Association.] WELLINGTON, Jult 31. The Judges of the Court of Appeal delivered the considered judgment in the ease Begin a v. Minnie Dean this morning. The Chief Justice dealt first with the argument that the evidence objected to was* not admissible for the purpose of negativing the theory of accident because there wbb no evidence ot accident at the time of its admission, and the whole of the evidence pointed to design. Hia Honor held that the fact that the evidence tendered fortified an already strong oase could not be>a reason for its exclusion, and this point was not arguable.. Dealing withother pointß hia Honor held that the disappearance of other children was in substance similar to the disappearance of* the child with whose murder Mrs Dean was • charged,, and waa -accounted for by her in the saute way, namely-, by a statement that they had been, adopted by some- lady whose name waa not given.. It was not necessary that the other bodies found 1 should be identified with the children received by Mrs Dean.. The principle was that if there had existed a systematic course nnder which the accused had been- in the habit of receiving, children on the pretence of adopting them, taking a fee qnite inadequate for their support, except for a very short period, and disposing of each of them shortly- after receiving them in a manner calculated to give -rise to grave suspicion, then such systematic course might be proved- bb bearing upon the question whether the death of the child in the particular case charged was designed or accidental. The evidence was much more certainly admiaBible in the present case than in: the Makina" case,, because proof of the administration of laudanum by the accused to a particular child was abundantly clear.

Mr Justice Williams considered that the Makina* case more than answered the motion, and that even if that case had not been decided the objection ..could not have been sustained* Proof of ' the administration of tbe drug was clear,, and the evidence objected to waa dearly admissible to show that it was done with) criminal intention. The case ofj&egina v. Hall in no way conflicted with this. Mr Justice Denniaton thought that the invalidity of the arguments in support of the motion was so free from doubt that the Court ought not, by calling on counsel) for the Crown, to suggest any: possibility of question. The evidence was clearly admissible to show that the accused waß a baby-farmer, and that her motives were not benevolent and philanthropic- aa she represented, but sordid and mercenary. Mr Justice Conolly delivered a written judgment concurring. Mr Jnstioe Richmond also concurred, but delivered no judgment, owing to indisposition. The motion for leave to appeal was therefore unanimously refused. The Cabinet meeting relative to Mrs Dean will not be held before Saturday. The Judge's notes have not yet been received.